Page:United States Statutes at Large Volume 104 Part 5.djvu/140

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104 STAT. 3462 PUBLIC LAW 101-624—NOV. 28, 1990 subparagraph (A) shall be allocated to farms in the State in accordance with subparagraph (A). "(C) DECREASE. —I f the poundage quota apportioned to a State under subsection (a)(3) for any of the 1991 through 1995 marketing years is decreased from the poundage quota apportioned to farms in the State under subsection (a)(3) for the immediately preceding marketing year, the decrease shall be allocated among all the farms in the State for each of which a farm poundage quota was established for the marketing year immediately preceding the marketing year for which the allocation is being made. "(D) SPECIAL RULE ON TENANT'S SHARE OF INCREASED QUOTA.— Subject to terms and conditions prescribed by the Secretary, on farms that were leased to a tenant for peanut production, the tenant shall share equally with the owner of the farm in that percentage of the quota referred to in subparagraph (A) and otherwise allocated to the farm as the result of the tenant's production on the farm of additional peanuts. Not later than April 1 of each year or as soon as practicable, the tenant's share of any such quota shall be allocated to a farm within the county owned by the tenant or sold by the tenant to the owner of any farm within the county and permanently transferred to that farm. Any quota not so disposed of as provided in this subparagraph shall be allocated to other quota farms in the State under paragraph (6) as part of the quota reduced from farms in the State due to the failure to produce the quota. " (3) QUOTA NOT PRODUCED.— "(A) IN GENERAL.— Insofar as practicable and on such fair and equitable basis as the Secretary may by regulation prescribe, the farm poundage quota established for a farm for any of the 1991 through 1995 marketing years shall be reduced to the extent that the Secretary determines that the farm poundage quota established for the farm for any 2 of the 3 marketing years preceding the marketing year for which the determination is being made was not produced, or considered produced, on the farm. " (B) EXCLUSIONS. —For the purposes of this paragraph, the farm poundage quota for any such preceding marketing year shall not include— "(i) any increases for undermarketing of quota peanuts from previous years; or "(ii) any increase resulting from the allocation of quotas voluntarily released for 1 year under paragraph (7). "(4) QUOTA CONSIDERED PRODUCED.— For purposes of this subsection, the farm poundage quota shall be considered produced on a farm if— "(A) the farm poundage quota was not produced on the farm because of drought, flood, or any other natural disaster, or any other condition beyond the control of the producer, as determined by the Secretary; "(B) the farm poundage quota for the farm was relesised voluntarily under paragraph (7) for only 1 of the 3 marketing years immediately preceding the marketing year for which the determination is being made; or